Comparative Law Spring 2003Professor Susanna FischerCLASS 8FRENCH CONSTITUTIONAL LAWFeb. 6, 2003

WRAP UP: French Govt: Executive Branch

DeGaulle, who played an important role in promulgating the current Constitution of 1958, believed in a strong executive branchFear of excessive parliamentary powerSome accused DeGaulle of acting like an elected dictator?In France, the executive power is shared between President, PM and other government ministers

GOAL FOR TODAY

To be able to compare the executive/legislative branches of the French semi-presidential system with the US presidential system and UK Westminster model parliamentary systemTo begin to learn about French sources of law

FRENCH GOVERNMENT: A HYBRID SEMI-PRESIDENTIAL SYSTEM

France is an democratic and social republicFranch is not a federal stateFrench is a semi-presidential parliamentary democracy: there is a directly elected president and a prime minister who is responsible to parliament. In France, the role of parliament is somewhat reduced and the role of the executive is strengthened compared to standard parliamentary system Do you know of any other semi-presidential parliamentary systems?What are some other types of political systems?

PRESIDENTIAL SYSTEMSPresident (chief executive/symbolic head of government) is chosen by a separate election from that of the legislature.President then appoints his or her cabinet of ministers (or "secretaries" in US parlance). Ministers/Secretaries usually are not simultaneously members of the legislature, although their appointment may require the advice and consent of the legislative branch.This system is characterized by separation of powers, wherein the executive and legislative branches are independent of one another.

PARLIAMENTARY SYSTEMS

Parliamentary systems, unlike presidential systems, typically do not have this separation of powers between the legislative and executive branches. Prime Minister (chief executive) is usually elected to the legislature like other members. PM is leader of the party that wins the majority of votes to the legislature (either de facto, or in some cases through an election held by the legislature).

PARLIAMENTARY SYSTEMS

Prime Minister appoints Cabinet Ministers who are generally legislative members from the ruling party or ruling coalition. Thus, in a parliamentary system, the constituency of the executive and legislature are the same. If the ruling party is voted out of the legislature, the executive also changes.Need for cooperation between executive/legislative for govt to survive and operate effectively.

FRENCH HYBRID MODEL

Compare this to the Presidential system and the Parliamentary system.

FRENCH HYBRID SEMI-PRESIDENTIAL MODEL

Compare this to the Presidential system and the Parliamentary system.A separately elected President who shares executive power with the Prime MinisterThe President usually has the constitutional power to select the Prime Minister.Constitution places more power in the President, so termed a semi-presidential system.

Removing PM from Office

Parliamentary system – 1. No confidence motion 2. By PM’s party voteFrench Semi-Presidential System 1. National Assembly can pass motion of censure forcing PM and government to resign 2. President can remove PM 3. President can dissolve National Assembly (not Senate). President can’t be removed before term expires

Executive Branch

President (Chirac)Prime Minister (Raffarin)Government (ministers)

President of France: “Guardian of the Constitution” (Art. 5)

Jacques ChiracArt 5: “By arbitration, the President ensures the proper operation of public authorities and the continuity of the State.”

PresidentNo clear duties; head of stateAppoints prime minister and, on advice of PM appoints/dismisses other members of government (C. 1958 Art. 8). Presides over Cabinet (C. 1958 A. 9)President has power to dissolve National Assembly and force general election - Art 12 why does the President have this power?Commander in chief of armed forces. Has pardon power – Arts. 15 & 17Can submit proposal (on govt request or request of parliament) for legislation to referendum – Art. 11Has emergency powers – Art. 16 –ever used? If so, when”?

The Current Prime MinisterJean-Pierre RaffarinModerate right-wing senator from the free-market Liberal Democracy party (DL).

What is the Role of the PM?

What is the Role of the PM?Leads government (Art. 21)Ultimate responsibility for national defense (though President is head of armed forces)Represents government in Parliament (Art. 49.1)Can make primary and secondary legislation (Art. 21)Can put forward Bills to Parliament (Art. 39)Adviser to President

What are the Shared Powers of the French President and PM?

President nominates members of Government (ministers)(on advice of PM)

Conseil des Ministres (Cabinet)

Can a minister be a member of Parliament? (See C. 1958 Art. 23)Can they hold local or regional appointments?Attend weekly meetings at Elysée Palace (President’s Official Residence)

Conseil des Ministres (Cabinet) – some of the most significant are:

New Minister of the Interior and Security: Nicolas SarkozyFinance Minister: Francis MerForeign Minister: Dominique de VillepinDefence Minister: Michele Alliot-Marie (first woman)Justice: Dominique PerbanEducation and Youth: Luc Ferry (philosopher)Labor and Social Affairs: Francois Fillon

Parliament and Legislation

How many houses of Parliament are there in France, and what are they called?

Legislative Branch

How many houses of Parliament are there in France, and what are they called?1. National Assembly (L’Assemblée Nationale) – in Palais Bourbon on Seine in Paris2. Senate (Senat) –in Palais du Luxembourg in ParisSee C. 1958 Art. 24

National Assembly

How many deputies are there? How are they chosen?How long do they serve?When was the last election?When will the next election take place?

National AssemblyHow many deputies are there? 577 How are they chosen? Directly elected by voters in 577 parliamentary constituencies (between 2 and 24 per department) Must get either an absolute majority of votes on first ballot or a relative majority on second.How long do they serve? 5 year term unless President dissolves National Assembly and calls election prior to end of this period.The last election took place on June 9 2002 (1st ballot) and June 16 2002 (2d ballot).

French election of Political Groups 2002 see also http://www.assemblee-nat.fr/12/tribun/gene11.asp Union pour la Majorité Présidentielle (UMP) 354

Union pour la Démocratie Française 29Other center right 16 TOTAL RIGHT 399Greens 3Socialists 140Député-e-s Communistes et Républicains21Other left 14TOTAL LEFT 178TOTAL 577 – voter turnout 68%

Senate

How many members of the Senate are there?How are they chosen?

SenateHow many senators are there? 321How are they chosen? Indirectly elected by a college of mayors and local councillors. Current system of election is not very proportional to numbers of electors in a specific region and biased toward small towns and rural areas.Elected for 9 years (in thirds every 3 years). Must be at least 35.Last election was in September 2001 – next Sept. 2004